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SCA/4179/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4179 of 2009
======================================V
R M V CHOCKALINGAM PARTNER OF M/S PRABA SPINNINGS
Versus
NAVJIVAN
TRADING CO - THROUGH PARTNER AND ADMINISTRATOR & ANR
======================================
Appearance :
MR
NIRAD D BUCH for Petitioner
MR RC KAKKAD for Respondent No. 1
DS
AFF.NOT FILED for Respondent No.
2
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 04/03/2010
ORAL
ORDER
1 Heard
Mr. Nirad D Buch, learned Advocate for the petitioner and Mr. R.C.
Kakkad, learned Advocate for Respondent No.1. RULE. Learned
Advocate Mr. Kakkad waive service of Rule for respondent No.1.
Respondent No.2 is not a contesting party.
2 The
present petition is filed by the petitioner – original defendant
No.1 being aggrieved by Order dated 29.11.2008/07.01.2009, passed by
the learned Sixth Additional Senior Civil Judge, Junagadh, below
Application Exhibit-7, in Dharkast No. 28 of 2007.
2.1 Learned
Advocate Mr. Buch for the petitioner herein states that the
present petitioner defendant No.1 has filed an application,
seeking condonation of delay, caused in filing an application for
setting aside the ex parte decree. He further submitted that the
court below has set aside the ex parte decree. That being so, the
present challenge will not survive, but technically, the order passed
below Application Exhibit-7 is required to be set aside.
3 Learned
Advocate Mr. Kakkad does not have any contrary instructions.
Learned Advocate Mr. Kakkad submitted that he is in receipt of the
order whereby the ex parte decree is set aside.
4 In
this view of the matter, Order dated 29.11.2008/07.01.2009 passed by
learned 06th Additional Senior Civil Judge, Junagadh,
below Application Exhibit-7 in Dharkast No. 28 of 2007 would not
survive and the same is hereby quashed and set aside.
5 At
the request of learned Advocate Mr. Kakkad, it is clarified that,
this order will not prejudice the right of the respondents herein
and more particularly the respondent No.1 herein M/s Navjivan
Trading Company, to challenge the order setting aside the ex parte
decree.
6 With
these observations, this petition is partly allowed. Rule is made
absolute to the aforesaid extent.
(RAVI
R. TRIPATHI, J.)
pnnair
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